Cadbury, the chocolate maker, is on an unlikely collision course with the
Church of England over the right to use “ecclesiastical” purple.

A leading bishop has issued a warning to the US-owned confectionery giant after a small Christian fair trade producer was forced to redesign its products because Cadbury had successfully trademarked the colour for the sale of chocolate.

In a landmark High Court victory last week Cadbury, now owned by the US conglomerate Kraft, saw off a challenge from its rival Nestlé over the exclusive rights to use the distinctive shade of purple used on its Dairy Milk wrappers.

The ruling was the culmination of a long-running legal battle between the two of the world's biggest confectionery companies but it has also forced a rethink by one of the smallest.

The Meaningful Chocolate Company, based in Manchester, produces a special range of fair trade chocolates for Christmas and Easter with a Christian message.

Its supporters include the Archbishop of York, Dr John Sentamu, who gives the company’s Easter eggs away as gifts.

Last Christmas it sold a range of chocolate Christmas tree decorations with nativity scenes, displayed in a purple packaging – the colour long recognised by the Church as symbolising advent.

But the company has been forced to switch to scarlet wrappers this Christmas after being advised by intellectual property lawyers that it could be infringing Cadbury’s rights.

The Bishop of Chelmsford, the Rt Rev Stephen Cottrell, last night urged Cadbury to ease the restriction, warning that it could “demean” itself by being “precious” about the colour.

"Relax, smile, eat a few squares of your chocolate - and don't be so precious over purple," he said.

"Cadbury should reflect that before they even existed, the colour purple was around and – perish the thought – after they have gone, it will still be here.

“You may own the rights to purple, but you can’t own the colour.

“Fighting some battles, even ones you win, can actually be demeaning. Far better to be generous, then no one loses.”

David Marshall, founder of the Meaningful Chocolate Company, said: “When a large American owned corporation, such as Cadbury, claims the rights to a colour, that is a move which needs careful thought.

“The reason we use purple is that it has been used for centuries by the church during advent – but apparently no longer … it appears that the association is now with Cadbury.

“That strikes me as being absurd that a company can claim a colour that has other cultural connotations with the Christian community for hundreds of years.

“Cadbury’s was recently bought by Kraft, an American-based company known for its cream cheese.

“However, Cadbury was founded by British Quakers who had a strong religious faith. Cadbury's founders would, therefore, probably have welcomed products carrying the Christmas story to families in a fun way.

"We believe there is a place for faith in the Christmas and Easter chocolate market using a range of colours.

"To demand the rights to a colour, or anything near it on the spectrum, seems at odds with the spirit of the season.”